Evaluating your LSAT score, which the testing service will send you approximately five weeks after the actual test date, will indicate your raw score, your scaled score, and your percentile ranking. The percentile ranking tells you how you performed relative to all others taking the LSAT over a recent multi-year period. This ranking is not reported to the law schools.
There is a $96 dollar registration fee to take the LSAT and for late registrants there is an additional $54 dollar late fee added. There are other courses available through various companies to help you prepare for the LSAT. There is also a practice LSAT that you can take online to help you find your weak areas. The LSAT classroom course ranges from $1,000 dollars to $1,250 dollars. These classes are given weekdays in the evening or weekends and last for approximately three months. There are private tutors but they are very costly and can run anywhere from $2,000 dollars and up. Several books can be purchased online or in any bookstore, you may also find several books in the library that can help you prep for the test.
All law school students have to pass the bar exam before they can become licensed attorney’s no matter what field of law they want to specialize in. The bar is administered twice a year. You have to register for the bar exam through the Administrative Director of the Bar Examining Committee. There is a fee of $375.00 for admission to the exam. $75.00 is a non-refundable fee to obtain forms and a $300.00 balance to be paid at the time the application is submitted.
There is no restriction on the number of times a person takes the bar but the more times you take the exam the less chance you have for passing the exam. The Connecticut bar exam is a two-day exam. The first day is the MBE (Multi-State Bar Exam) a 200 question, multiple-choice test. The second day is the 12 essay questions. Again there are classes given to prepare you for the bar exam and can be looked into through your law school. After the exam you receive a card with pass or fail written on it. Once the license is acquired you do not have to be a member of a bar association but are under the Judicial Department of the State of Connecticut Commissioners of the Superior Court licensed by the State of Connecticut which requires a yearly fee of $450.00. A fee of $75.00 is required for the fund for victims of malpractice and or theft from lawyers.
Status is what is expected of an individual when one takes on a particular role. In the state of Connecticut, the judicial department oversees the roles and sanctions of attorneys. The Connecticut judicial department publishes a book entitled, Connecticut Rules of Court. This publication informs lawyers of the rules of professional conduct. The book covers a variety of areas such as…Client-Lawyer Relationships, Counselor, Advocate, Transactions with Persons Other Than Clients, Law Firms and Associations, Public Service and Information about Legal Services. Under the client-lawyer heading, the Connecticut Rules of Court covers subjects such as Diligence, Fees, Conflict of Interest and Safekeeping Property. The book goes into the details associated with what the state judicial department has set for an attorney practicing law in the state of Connecticut.
The role of an attorney is to interpret the laws governing the issues you bring to him and advise you as to the best approach to resolving your issues. A lawyer is also a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result helpful to the client but consistent with requirements of honest dealing with others. As mediator between clients, a lawyer seeks to resolve their conflicting interests as an advisor. In all professional functions a lawyer should be knowledgeable, prompt and hard working. A lawyer should maintain communication with a client concerning the representation.
All of what we just talked about is how an attorney is expected to behave as a professional. The status of an attorney takes on more than how one is suppose to act. Status also represents what an attorney does for work. Although some attorneys practice general-law that covers a variety of fields that do not require a great deal of expertise. There are many areas of the law that are very difficult to interpret and thus so an attorney needs to become an expert on that one field. An example of an attorney practicing general-law would be that he would meet with a client about a will in the morning, talk with a client about a workman’s compensation hearing just after lunch and have a real estate closing in the afternoon. An example of an attorney that needs to be an expert in what he does would be the area of litigation. Litigation attorneys argue cases in the courtroom for a variety of issues. If they are involved in a criminal case their awareness of the law needs to be significant.
A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the correctness of official action, it is also a lawyer’s duty to uphold legal process.
A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. It is important that a lawyer preserve a client’s confidentiality because the client will be more likely to seek legal advice and obey their legal obligations, when they know their communications will be private.
A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the correctness of official action, it is also a lawyer’s duty to uphold legal process.
If an attorney breaks the rules of conduct, sanctions will be imposed upon them. This process is handled by the statewide bar counsel. The statewide bar counsel usually consists of two attorneys and one non-attorney. No attorney can serve on a panel if that attorney has an office in the same judicial district as the attorney whom you have logged a complaint with. After a complaint has been filed with the statewide bar counsel they will either forward it to a grievance panel for an investigation or if the panel finds the complaint is not of a misconduct manor they will dismiss the complaint all together. In the case that the grievance committee finds misconduct, they will hold a hearing that is open to the public. After the hearing, the statewide grievance committee or sub committee may decide to dismiss the complaint, to impose sanctions and conditions against the attorney, or to direct that the attorney be brought before the superior court for reprimand, suspension or even disbarment.
The statewide Grievance Committee or subcommittee may impose the following actions:
- Reprimand; restitution, for example, return of property belonging to the client;
- Assessment of costs;
- An order that the attorney return the clients file to the client;
- A requirement that the attorney attend continuing legal education courses, at his or her own expense, regarding one or more areas of law or law office management;
- An order to submit to fee arbitration;
- With the attorneys consent, an order to submit to periodic audits and supervision of the attorneys trust accounts;
- With the attorneys consent, a requirement that the attorney undertake treatment, at his or her own expense, for medical, psychological or psychiatric conditions or for problems of alcohol or substance abuse.
After conducting a hearing, the statewide Grievance Committee or subcommittee issues a final decision containing one of the orders stated above. The order cannot be handed down any later than 120 days. The final decision is a public record.
If an attorneys actions warrant him or her to be brought before the superior court there will be a hearing called a presentment. A presentment is an action taken to the superior court by the statewide bar counsel asking the court to impose appropriate discipline, including suspension or disbarment from the practice of law. A public trial may be held and the court may dismiss the presentment or it may impose discipline including reprimand, suspension or disbarment.
Many lawyers offer a free thirty-minute consultation on the first visit to the office. A potential client will sit down with the lawyer and discuss their situation. The lawyer will propose solutions and outline how he or she will go about the resolution of the matter. In simple cases the lawyer and client will only meet two times; the first time to discuss the matter and the second time to resolve the matter. In more complex cases, such as, contested divorces or personal injury the client and lawyer may meet much more.
In the State of Connecticut a lawyer must have a fee agreement signed by the client before work can begin on a case. This agreement lists the manner in which the client is to be billed and other pertinent information pertaining to representation by the lawyer and/or firm. Sanctions can be imposed upon attorneys who do not comply with this law. When legal services to be performed are to be billed on an hourly basis, the hourly rates must be disclosed to the client in the fee agreement.
Lawyers typically bill in one of three different manners. First there is the flat rate fee. This kind of fee would be billed for simple matters. The types of matters that could be billed at a flat rate are, uncontested divorces, real estate closings, simple criminal cases, motor vehicle infractions, and breach of peace. This fee is based on the scope of work that is anticipated in the matter. If work becomes more than what was originally anticipated an additional fee is billed. This fee also does not cover expenses that are paid to third parties. Examples of these expenses are, fees for medical bills, court costs, witness fees, police report charges, and depositions.
Another type of billing is hourly billing. Some examples of cases that may be billed at an hourly rate are, contested divorces, probate claims, civil cases, and criminal defense. The hour is broken into 10ths and the client is billed for all time that is worked. The client is charged for every minute that the lawyer is working on the case. Telephone calls, faxes, travel time, research, meetings with the client, court time, and all other services are billed according to the actual minutes spent performing these and many other types of services.
The agreement by a client to be billed for legal services on an hourly basis does not justify the lawyer spending an unreasonable number of hours on a particular matter or task. The amount of time spent on a matter should be reasonable in relation to the client's goals and expectations and must also be consistent with the lawyer's ethical obligations. The lawyer has the obligation to address the matter that is to be billed on an hourly basis in a cost effective manner. The lawyer is expected to use professional judgment in determining whether the number of hours spent on a matter is reasonable.
In some cases a lawyer requires the client to pay a retainer. A retainer fee is an advance payment on the hourly rate for a specific case. The lawyer puts the retainer in a special account and deducts from that account the cost of services as they accrue. During the course of legal representation, clients should review periodic billing statements reflecting amounts deducted from the retainer. Most retainers are non-refundable unless deemed unreasonable by a court. If a client decides to drop a case that the lawyer has worked on before the retainer has been exhausted, the client may forfeit the remainder.
The use of multiple hourly billing rates, where a lawyer charges different hourly rates to the same client depending on the type of work being performed (ex. a standard rate for office work and a premium rate for courtroom time or late night hours required by court or client-imposed deadlines), is an acceptable practice if disclosed and agreed to by the client.
The third type of billing that lawyers commonly use is contingency billing. This type of fee would be used in personal injury cases. In this type of agreement the lawyer does not get paid unless the client is awarded a settlement. In this type of fee agreement the client agrees to pay the lawyer a percentage of a court award or settlement for a personal injury case. This percentage of the award does not include costs and expenses that are incurred. All costs and expenses are payable to the lawyer regardless of the outcome of the case. A typical percentage that a lawyer can expect to be compensated is 1/3 of the gross award plus reimbursement for court and other costs.
The practice of billing the same block of time to more than one client, or double billing, is unethical and is not permitted without the clients’ consent. For example, a lawyer who is traveling on behalf of one client while at the same time performing work for another client may not bill the time to both clients.
Although most firms continue to use theses types of billing practices, more and more agencies are coming up with alternative billing methods. Nancy Carpenter, who published an article in the Houston Business Journal, spoke with firms who not only will take on cases at reduced fees for people who cannot afford their rates but also firms in which the client takes an active roll in his case. Some firms have clients do some of the legwork such as: make phone calls, write letters, and have documents notarized in exchange for reduced fees.
For many years, there were issues as to the acceptability of lawyers taking credit card payment. In 1974, the American Bar Association approved this practice. Although lawyers are permitted payments by credit cards, the client does not automatically give him the authorization to disclose confidential information. It is suggested that a general description on the charge slip—such as "services and expenses," rather than "legal services" would help to maintain confidentiality.
Confidentiality is also an issue when lawyers use collection agencies. The lawyer may divulge to the agency certain confidential client information necessary for collection, such as the client’s name, address and debt amount, but must ensure that the agency take steps to maintain the confidentiality of that information. A lawyer may not charge the client an unfair collection cost.
Gender and race discrimination have existed since the beginning of the legal profession. The first woman to graduate from Harvard Law School was a member of the class of 1953. Stanford's first African-American law student graduated in 1968. Discrimination continues in ways both overt and subtle. Statistics show the effects of continuing discrimination: in the largest law firms in San Francisco, the city with the "best" statistics for minority hiring in the country, only 5% of the partners are minorities. Minorities are still the last to be hired and the first to be asked to leave. Women fare better, but not by much. Female minorities suffer the brunt of dual discrimination.
In the 1970’s the number of women in law schools began increasing. In 1971 according to the American Bar Association, only 3 percent of lawyers were female and these lawyers were only given areas and subjects considered suitable for women to litigate. Nearly every prominent trial was first chaired and second chaired by a man. The names of women attorneys might appear on appeal briefs, but men conducted almost all of the oral arguments. By the year 2000, according to the U.S. Bureau of Labor Statistics, 30 percent of lawyers were women.
In 2000, women won the two largest employment verdicts of the year, as was the largest verdict of the year, against the tobacco industry on behalf of an individual plaintiff. In 2001, million dollar verdicts won by female plaintiffs' attorneys were frequent. In separate cases, women as lead or solo counsel won verdicts of $15 million and $31 million in medical malpractice, $56.55 million in products liability and $20.5 million and $55 million in asbestos litigation.
In an article published recently in the New York Times, it was stated that in 2001 for the first year ever that the number of women entering law school may outnumber men. The article states in 2000 women made up 49.4 percent of first-year law students and in 2001 women applicants passed 50 percent.
A 2001 analysis conduced by the NALP Foundation, a law career research and education center, showed a continued increase in the number of women and attorneys of color. Attorneys of color include African-Americans, Asian/Pacific Americans, American Indians, and Hispanics of any race. The analysis revealed that attorneys of color account for 3.35% of partners in law firms nationwide. Women account for 15.63% of the partners in these firms. The percentage of women associates nationwide is 41.69% while the percentage of associates of color is 12.86% nationwide. The number of women attorneys and attorneys of color has been steadily rising since 1993.
The public perceives lawyers as underhanded shysters. The media portrays them as ambulance chasers, money hungry, heartless human beings. There are plenty of cases of lawyers performing unethical practices. Double billing, breach of confidentiality, racking up unnecessary hours, and just plain capitalizing on other peoples misfortunes have served to give the profession a bad name. Lawyers are a necessary evil and all people at some time in their life need to deal with them. They do help to smooth the way upon entering the legal system and to some they become their savior during their time of need. Most lawyers are decent, respectful, and hardworking but there are those few who by their actions tarnish the profession.
References
American Bar Association. Jan. 2002. American Bar Association. .
Carpenter, Nancy. “More Firms turn to types of bartering as payment.” Houston Business Journal v20 i40 (2000): 40
Connecticut Bar Association. Jan. 2002. Ct. Bar Association. .
Common Dreams. Feb. 2002. Common Dreams Org. .
Law School Admission. Jan. 2002 Law School Admission Council. .
Fisk, Margaret Cronin. “A two decade rise to the top: numbers of female trial attorneys has risen drastically.” New Jersey Law Journal v166 (2001): 29
Minicozzi, David. Personal Interview. 21 Jan. 2002.
The NALP Foundation. January 2001. Women and Attorneys of Color at Law Firms. .
“Woman’s Place Is At the Bar.” Editorial. The Washington Post 4 April 2001: PA23
Yale Law School Admissions. Jan. 2002 Yale Law School. .